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Bombay High CourtBA/1564/2022application allowed

Rajendra Ram Yewate v. The State Of Maharashtra

2022-09-27Hon'Ble Shri Justice R. G. Avachat2 pages

972-BA-1564-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1564 OF 2022 Rajendra Ram Yewate ... Applicant

Versus

The State of Maharashtra ... Respondent ....

Mr. S. N. Patne, Advocate for applicant Mr. N. T. Bhagat, APP for respondent ....

CORAM : R. G. AVACHAT, J.

DATED : 27th SEPTEMBER, 2022 PER COURT :- .

This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.0368/2022, registered at Omerga Police Station, District Osmanabad, for the offences punishable under Sections 307, 143, 147, 148, 149, 504, 506 of the Indian Penal Code and under Sections 4, 25 of the Arms Act. 2.

Heard. Perused the First Information Report (FIR) and related papers.

The FIR has been lodged by one Vilas Yeote on 17.07.2022. It has been alleged in the FIR that the applicant and

(( 2 )) 972-BA-1564-2022 the co-accused assaulted him with an intention to commit his murder. The present applicant is alleged to have assaulted on the wrist of the informant with blunt side of a sickle. Injury certificate indicate the informant to have suffered simple injury thereby. The co-accused have been granted bail. The applicant is in jail since 18.07.2022. There is dispute over right of way. In this factual backdrop, pretrial detention of the applicant appears to be unwarranted. Hence, following order:

O R D E R

(i) The Bail Application is allowed.

(ii)The applicant be released on bail in connection with Crime No.0368/2022, registered at Omerga Police Station, District Osmanabad, for the offences punishable under Sections 307, 143, 147, 148, 149, 504, 506 of the Indian Penal Code and under Sections 4, 25 of the Arms Act, on his executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety bond of the like amount.

(iii)The applicant shall not tamper with the prosecution evidence.

[ R. G. AVACHAT, J. ] SMS